PLANNING PROPOSAL

CANADA BAY LOCAL ENVIRONMENTAL PLAN 2008

(AMENDMENT NO. 1 - RHODES WEST)

MARCH 2010

PLANNING PROPOSAL - City of Canada Bay Local Environmental Plan

Table of Contents

Introduction ...... 3

Site Identification ...... 4

Part 1 - Objectives & Intended Outcomes ...... 5

Part 2 - Explanation of Provisions ...... 5

Part 3 - Justification ...... 13

Section A - Need for a planning proposal ...... 13

Section B - Relationship to strategic planning framework ...... 15

Section C: Environmental, social and economic impact...... 23

Section D: State and Commonwealth interests ...... 25

Part 4 - Community Consultation ...... 27

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Introduction

This Planning Proposal explains the intended effect of, and justification for, the proposed Canada Bay Local Environmental Plan 2008 - Rhodes Peninsula . It has been prepared in accordance with section 55 of the Environmental Planning and Assessment Act 1979 ( EP&A Act) and the relevant Department of Planning Guidelines including A Guide to Preparing Local Environmental Plans and A Guide to Preparing Planning Proposals. On 8 December 2009, the City of Canada Bay Council endorsed the draft Rhodes West Master Plan. The Master Plan proposes a 12% uplift in the amount of floor space permitted in the Rhodes Peninsula under Sydney Regional Environmental Plan No. 29 (SREP 29). The uplift will result in changes to the urban form of a number of buildings on sites yet to be developed, additional public open space and consequent amendment to the controls that apply to the peninsula. The adopted Rhodes West Master Plan is provided as Attachment A. A Supplementary Planning Report that provides additional background on the Rhodes West master Plan is provided as Attachment B. It is proposed to implement the Master Plan by incorporating the relevant provisions of SREP 29 into the Canada Bay Local Environmental Plan 2008. This will require the provisions of the SREP to be translated into Standard Instrument format, whilst also being amended to capture the changes proposed by the Rhodes West Master Plan. It is envisaged that the SREP will be repealed when the amendments to the LEP are gazetted. This Planning Proposal addresses matters that are intended to be included in the Local Environmental Plan. More detailed planning matters will be guided by a revised Development Control Plan for the precinct.

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Site Identification

The subject site is the same 43 hectare area covered by Sydney Regional Environmental Plan No. 29.

Figure 1: Aerial photograph of land affected by Planning Proposal (site outline in red).

Figure 2: Block plan of land affected by the Planning Proposal (site outline in red).

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Part 1 - Objectives & Intended Outcomes

This section will outline the objectives or intended outcomes of the Planning Proposal. The objectives are: 1. To enable the further redevelopment of the Rhodes Peninsula for: a. Residential development that will deliver approximately 650 extra dwellings which are centre based and close to public transport. b. Additional open space that is publicly accessible. c. An improved urban design outcome. d. The delivery of an enlarged multi purpose community centre to meet the needs of the new Rhodes community and other physical infrastructure to better connect the area to adjoining facilities and services. 2. To integrate Sydney Regional Environmental Plan No. 29 - Rhodes Peninsula into the Canada Bay Local Environmental Plan 2008.

Part 2 - Explanation of Provisions

Current Zoning/Planning Controls in Sydney Regional Environmental Plan No. 29 The key controls in SREP 29 are summarised in Table 1 below.

Table 1 - Key SREP 29 Controls:

SREP 29 Provision Relevance to LEP

Part 1 - Introduction

2 Land covered by plan Rhodes Peninsula to be shown on the LEP Land Application Map.

3 Aims of plan The general aims of the SREP are similar to the aims of the LEP. The other aims that are specific to Rhodes The aims of this plan are: Peninsula are to be deleted (example: rezone land at (a) to establish planning principles for development Rhodes Peninsula). within the Rhodes Peninsula, and (b) to rezone land in the Rhodes Peninsula, and (c) to promote the orderly and ecologically sustainable use and development of land, and (d) to identify appropriate levels of retail and commercial floor space, and (e) to promote the orderly and economic use and development of land within the Rhodes Peninsula.

4 How environmental planning instruments affect the Upon gazettal of the LEP the SREP will cease to apply in Rhodes Peninsula accordance with clause 1.8 of the LEP.

5 Consent authority Council is the consent authority as per the delegations provided by the Minister for Planning dated 25 January The consent authority for development applications to 2009. which this plan applies is the council of the area to which Clause 1.6 of the LEP states that Council is the consent

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the application relates, except as provided by the Act. authority.

6 Definitions The Standard Instrument definitions are to be applied to the Rhodes Peninsula.

7 Complying and Exempt Development The Exempt and Complying development provisions in the LEP and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 are to be adopted. The types of development that are listed as exempt are similar to those currently listed in the SREP.

8 Adoption of Model Provisions The Model Provisions will cease to apply to the Rhodes Peninsula following integration into the LEP.

9 Savings and Transitional Provisions The LEP savings provision relating to pending development approvals under clause 1.8A will apply to development at Rhodes Peninsula.

Part 2 Planning Principles

Planning Principals for the Rhodes Peninsula The majority of the planning principals contained within the SREP will be included in the revised Renewing Rhodes DCP and do not need to be transferred to the LEP.

Part 3 General land Use controls

11 Land use zones and explanation Land within the Rhodes Peninsula is within one of the The LEP will include the following zones from the Standard instrument. following zones as shown on the Zoning Map: • R4 - High Density Residential Zone • Residential Zone • B1 - Neighbourhood Centre • Mixed Use Zone • B4 - Mixed Use Zone • Open Space Zone • RE1 - Public Recreation Zone

Zone objectives (Cl. 11 (3)) Residential Residential zone The objectives of this zone are: Various non-residential uses are currently permitted in the Residential zone under SREP 29. (a) to ensure that land within the zone is primarily used for residential purposes, and Restaurants and Medical Centres will be permitted in the R4 zone under Schedule 1 in the LEP, as it is not (b) to allow a limited range and scale of non-residential Council's intention to allow non residential uses within all uses which are compatible with residential amenity and R4 zones across the LGA. primarily service local residents. Neighbourhood Centre

This zone is contemplated for the area in which the Mixed use proposed community centre is to be located. The (a) to accommodate a retail centre to the south of Mary community centre precinct may have the capacity to Street with convenient and direct access to the railway support some local retail such as cafes/restaurants in station and Homebush Bay Drive, and this desirable waterfront location. (b) to accommodate commercial activity with convenient Mixed Use Zone Objectives access to the railway station, and The uses contemplated under the Mixed Use zone in the (c) to accommodate a mix of uses which generate SREP are consistent with those uses permitted under employment opportunities, and the B4 Mixed Use zone of the LEP. (d) to provide for employment-generating development Open Space Zone that is compatible with the traffic capacity of the Rhodes The proposal provides for an additional 17,230sqm of Peninsula and adjoining areas, but does not have a public open space (28% increase). This open space is in significant impact on the commercial viability or the form of local parks and civic plazas. employment growth of Parramatta, and

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(e) to prevent development from having a significant adverse impact on the amenity of the locality, and (f) to provide facilities and services within the zone that enable people to live and work in the same community, and (g) to provide active frontages to major streets within the zone, and (h) to accommodate residential development compatible in form and scale to adjoining business uses, and (i) to encourage sustainable transport modes for journeys to work and other trips, including walking, cycling and all forms of public transport.

Open space The objectives of this zone are: (a) to provide a continuous open space area along the water’s edge, and (b) to establish public recreation areas which serve the needs of residents and workers within the Rhodes Peninsula and the wider community, and (c) to provide public access to waterfront areas, and (d) to provide a variety of public areas and non- commercial recreational opportunities, and (e) to provide for facilities which accommodate or are ancillary to recreational opportunities relating to the use of the public domain.

Part 4 Special Provisions

12 Subdivision and demolition (1) Land within the Rhodes Peninsula may be Clause 2.6 of the Canada Bay LEP will apply. subdivided, but only with development consent.

(2) Buildings or works on land within the Rhodes Peninsula may be demolished, but only with development consent.

13 Infrastructure provision (1) The consent authority must not grant consent to the It is not proposed to include this clause in the LEP. development of land to which this plan applies unless arrangements have been made to the satisfaction of the The LEP will be prepared in consultation with relevant consent authority for: public authorities and any comments made in relation to the adequacy of physical and utility infrastructure will be (a) railway and bus infrastructure that will provide an considered. adequate public railway and public bus service for people who will reside or work on, or otherwise use, the land to which this plan applies, and (b) roads and related infrastructure of a standard adequate to provide public and private vehicular transport access to, and egress from, the land to which this plan applies from and to other land within the region. (2) In determining the appropriateness of any arrangement for the provision of services to the land to which this plan applies, the consent authority must take into consideration the views of: (a) the Council, the Roads and Traffic Authority and the Department of Transport, and (b) any other public authority that the consent authority considers relevant.

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14 Floor space restrictions for Precincts (1) Except where subclause (3) applies to the granting of The LEP provides for an additional 46,200sqm of floor consent for development within the Precinct, consent space area, allocated to each precinct in the following must not be granted for development within a Floor way: Space Precinct if it would result in the total gross floor area of all buildings within the Precinct being greater • Precinct A – 11,500sqm than: • Precinct B – 21,688sqm (a) 205,000 square metres within Floor Space Precinct • Precinct C – 13,292sqm A, or • Precinct D - nil additional (b) 132,600 square metres within Floor Space Precinct The existing gross floor areas for each precinct will be B, or converted into floor space ratios based on the size of (c) 53,300 square metres within Floor Space Precinct C, each precinct and shown on the LEP Floor Space Ratio or Map. (d) 50,400 square metres within Floor Space Precinct D. The floor space bonus that applies to Precincts A, B and C for the dedication of embellished foreshore open (2) Subclause (3) applies to the granting of consent for space will be removed but the requirement will be development within Floor Space Precinct A, B or C if: included in the Voluntary Planning Agreements accompanying the Planning Proposal to ensure that the (a) all land in the Floor Space Precinct concerned that is foreshore will be publicly owned. within the Open Space Zone (including any land in that Precinct taken to be within that zone by clause 18 (6), The additional open space proposed under the Rhodes but excluding any land in that Precinct taken not to be West Master Plan is to be provided in the residential within that zone by that subclause) is dedicated in favour zone and identified in the Voluntary Planning of the corporation free of cost as a public reserve, and Agreements. (b) arrangements are or have been made to the Each Precinct is to be identified on the LEP Floor Space satisfaction of the consent authority for the Area Map as Areas 10, 11, 12 and 13 and a new table embellishment and ongoing maintenance of all of that added in the LEP under clause 4.4E 'Rhodes Peninsula dedicated land in that Precinct as a public reserve. floor space restrictions'. (3) If this subclause applies to the granting of consent for development within the Precinct, consent may be granted for development within Floor Space Precinct A, B or C that would result in the total gross floor area of all buildings within the Precinct being greater than that allowed by subclause (1), but not greater than: (a) 266,500 square metres within Floor Space Precinct A, or (b) 156,000 square metres within Floor Space Precinct B, or (c) 70,850 square metres within Floor Space Precinct C. (4) State Environmental Planning Policy No 1— Development Standards does not apply to subclause (1) or (3).

15 Floor space restrictions for certain uses (1) Consent must not be granted for development in the This clause will not be included in the LEP. Therefore, Mixed Use Zone that would result in the following: there will be no limit on the quantum of retail/business floor space in Rhodes. (a) more than 50,000 square metres of gross floor area within that zone being used exclusively for the purpose Future retail/floor space will be controlled by a of commercial premises (whether or not in the same combination of zoning, height and floor space ratio building), controls. (b) more than 25,000 square metres of leasable floor The proposed new B4 Mixed Use zoning and additional space (excluding public access areas such as arcades permitted uses in the LEP will provide certainty to the and amenities, general loading docks and car parking location of commercial uses. areas) within that zone being used exclusively for the purpose of shops, restaurants and cinemas (whether or not in the same building), (c) more than 15,000 square metres of leasable floor space (excluding public access areas such as arcades and amenities, general loading docks and car parking areas) within that zone being used exclusively for the purpose of bulky goods retailing. (2), (3) (Repealed)

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(4) State Environmental Planning Policy No 1— Development Standards does not apply to subclause (1).

16 Height of buildings (1) The number of storeys in a building on any land in This clause will not be included in the LEP. the Rhodes Peninsula is not to exceed the number shown for the land on the Height Map, except as Height is to be defined in accordance with the Standard provided by subclauses (2), (3) and (4). LEP template definition. (2) The following may be located above the 6th storey in Council will allow buildings of up to 25 storeys on certain buildings with a height of 9 or 10 storeys on land for sites. The storey height limit is to be converted into which the number of storeys shown on the Height Map is metres to comply with the standard instrument template 6: and be identified on the LEP Height Map. (a) within Floor Space Precinct A—not more than 5% of The new height map will reflect the desired height the total gross floor area allowed within that Precinct, proposed by the RWMP which allows additional height to certain sites. (b) within Floor Space Precinct C—not more than 5% of the total gross floor area allowed within that Precinct. The new DCP will provide the detailed controls for tower building locations including maintaining adequate (3) The following may be located above the 6th storey in separation distances. buildings with a height of 7 or 8 storeys on land for which the number of storeys shown on the Height Map is 6: (a) within Floor Space Precinct A—not more than 4% of the total gross floor area allowed within that Precinct, (b) within Floor Space Precinct B—not more than 3% of the total gross floor area allowed within that Precinct, (c) within Floor Space Precinct C—not more than 5% of the total gross floor area allowed within that Precinct. (4) The following may be located above the 4th storey in buildings with a height of 5 or 6 storeys on land for which the number of storeys shown on the Height Map is 4: (a) within Floor Space Precinct A—not more than 3% of the total gross floor area allowed within that Precinct, (b) within Floor Space Precinct B—not more than 4% of the total gross floor area allowed within that Precinct, (c) within Floor Space Precinct C—not more than 4% of the total gross floor area allowed within that Precinct.

17 Bulky goods retailing (1) After consent has been granted for the use of an It is not proposed to include this clause in the LEP. amount of floor space within the Mixed Use Zone for bulky goods retailing, none of that floor space may be Should a change of use be proposed for an existing used for other retailing without a further consent granted bulky goods premises, the relevant statutory framework in accordance with clause 15 after all relevant matters will apply i.e. SEPP (Exempt and Complying have been taken into consideration under section 79C of Development Code) 2008 or the LEP. the Act. Note. This clause prevents the use of floor space for other retailing from being dealt with as exempt or complying development.

18 Development near zone boundaries (1) This clause applies to land that is: Subclause 1, 2 and 3 are covered by clause 5.3 of the LEP which permits development within Residential and (a) within the Residential or Mixed Use Zone and within Mixed Use zones within 25 metres of a boundary. 30 metres of a boundary between those zones, or However, the flexible zone provision of the LEP will not (b) within the Open Space Zone and within 10 metres of apply to the RE1 zone. a boundary between that zone and the Residential or Mixed Use Zone, or (c) shown edged heavy black on the map marked “Sydney Regional Environmental Plan No 29 (Amendment No 1)”. (2) Development may, with consent, be carried out on land to which this clause applies if it may be carried out

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on land within the adjoining zone. (3) For the purposes of the application of any development standard, development for which any such consent is granted is taken to be carried out on the land in the adjoining zone adjacent to the site on which it is actually carried out. (4) Before granting consent for development pursuant to this clause, the consent authority must be satisfied that carrying out the development is desirable to achieve a better distribution of built form and land uses than would result if the development were not carried out. (5) In addition, before granting consent referred to in this clause for carrying out development on an area of land within the Open Space Zone, the consent authority must be satisfied that an equivalent area of land within the same Floor Space Precinct will be made available for public open space purposes so that the total area of public open space within the Rhodes Peninsula will not be reduced. (6) Any land so made available for public open space purposes is taken to be within the Open Space Zone for the purposes of clause 14, but any land within the Open Space Zone on which development is allowed by a consent granted in accordance with this clause is taken not to be within that zone for the purposes of clauses 14 and 19.

19 Acquisition of land zoned Open Space (1) The owner of land within the Open Space Zone may, This clause will not be included in the LEP. by notice in writing served on the corporation, require the corporation to acquire the land. The additional open space proposed under the Rhodes West Master Plan is to be provided in the residential (2) On receipt of the notice, the corporation is to acquire zone. This open space is to be dedicated to Council free the land. of cost, with the granting of approval for additional floor space under the Voluntary Planning Agreement. (3) Subclause (2) does not apply if: These local parks are not required to be rezoned to allow (a) the land might reasonably be required to be the public dedication to occur. The dedication process is dedicated as a condition of development consent to occur as part of Voluntary Planning Agreements pursuant to Division 6 of Part 4 of the Act, or between the developers/landowners and Council. (b) the land is held by a public authority for use for public open space.

20 Unzoned land The LEP allows development on unzoned land only with consent under clause 2.4 - Unzoned land. (1) A person may, with consent, carry out development on land which is unzoned if the development is allowed with or without consent on land adjoining that land. (2) Despite subclause (1), development of unzoned land for the purpose of a public utility undertaking may be carried out without consent.

21 Restriction on use of land near Homebush Bay This clause will not be included in the LEP. Drive Clause 87 and 102 of the Infrastructure SEPP and and the Great Northern Railway associated guidelines provide adequate guidance in relation to the impact of road and rail noise. (1) This clause applies to land adjacent to Homebush Bay Drive and the Great Northern Railway. (2) Consent must not be granted for development on land to which this clause applies that, in the opinion of the consent authority will be affected by noise from the Drive or Railway unless the development will incorporate noise attenuation measures to the satisfaction of the Roads and Traffic Authority and the State Rail Authority.

22 Acid sulfate soils This clause will not be included in the LEP.

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(1) Development that is likely to result in the disturbance Clause 6.1 of the Canada Bay LEP provides adequate of more than one tonne of soil or to lower the water table guidance in relation to the assessment of Acid Sulfate in areas where acid sulfate soils exist may be carried out Soils. only with development consent despite the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan. (2) Before granting a consent required by this clause, the consent authority must consider: (a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines (ASSAG), and (b) the likelihood of the proposed development resulting in the discharge of acid waters, and (c) any comments received from the Department of Land and Water Conservation within 21 days of the consent authority having sent that Department a copy of the development application and of the related acid sulfate soils management plan. (3) This clause requires consent for development to be carried out despite clause 10 of State Environmental Planning Policy No 4—Development Without Consent.

23 Suspension of covenants This clause will not be included in the LEP. Clause 1.9A of the Canada Bay LEP is considered sufficient to address the suspension of covenants, agreements and instruments.

Schedule 1 - Definitions The Planning Proposal will principally adopt the definitions contained within the Canada Bay LEP in lieu of the definitions currently contained within SREP 29. In the majority of cases, there are limited implications arising from the adoption of the Standard Instrument definitions. The primary difference relates to the Gross Floor Area definition, which specifically excludes communal recreation areas and common or public areas. It is proposed to continue to use the Gross Floor definition in SREP 29 and include it in the Canada Bay LEP as the impact of the using the template definition would disadvantage subsequent developments.

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Proposed amendment to Canada Bay Local Environmental Plan 2008

Canada Bay LEP 2008 Additional and Amended Clauses

Part 4 - Principal Development Standards

4.4E Rhodes Peninsula floor space restrictions (1) Despite clause 4.4 (2) consent must not be granted for development within a Floor Space Precinct if it would result in the total gross floor area of all buildings within the Area being greater than:

(a) 216,500 square metres within Floor Space Area 10, or

(b) 154,288 square metres within Floor Space Area 11, or

(c) 66,542 square metres within Floor Space Area 12, or

(d) 50,400 square metres within Floor Space Area 13.

Schedule 1 - Additional Permitted Uses

13 Use of certain land at Rhodes Peninsula (1) This clause applies to land zoned R4 High Density Residential.

(2) Development for the following purposes is permitted with consent if the use is consistent with the amenity of the immediate residents: (a) Medical Centres; and (b) Restaurants.

Associated Maps • Zoning map • Height Map • Floor Space Ratio Map

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Part 3 - Justification

Section A - Need for a planning proposal

Is the planning proposal a result of any strategic study or report? This planning proposal is informed by a Recreational Needs Analysis for Rhodes, the Rhodes West Master Plan (RWMP) and the associated supplementary Planning Report. Recreational Needs Analysis The RWMP developed out of concern that the community facility and the open space provision which is to be provided by developers under the existing Planning Framework, would be inadequate for a community estimated at the time to be around 9,000 people. This theory was tested by engaging a company called Simply Great Leisure (SGL) to undertake a Recreational Needs Analysis. The SGL study, recommended a centre more than twice the size of the centre proposed by the Planning Framework, and advised that a centre which met the assessed needs would cost around $12M. A review of the planning framework for Rhodes was opportune and following discussions with the main developers in Rhodes who were keen to revisit the framework led to the preparation of the Rhodes West Master Plan. The consideration of proposals from the major landowners indicated that additional density could be provided in Rhodes based on contemporary place making and urban design principles. As a result of the increase in density the landowners were prepared to give considerable public benefit in the form of an enlarged multi-functional community centre, additional public open space, enhanced pedestrian and cycle connections and road improvements Rhodes West Master Plan The RWMP (Attachment A) outlines the urban design framework for future development of the remaining development parcels and adjacent public domain. The Master Plan proposes the following built form and public domain framework: • Creation of larger consolidated open space areas in Precincts B and C achieved through the amalgamation of development lots and the deletion of secondary streets considered to be unnecessary for vehicle access. An additional 16,430m 2 (1.643 Ha) of public open space is created which equates to a 26.7% increase above the area of land zoned open space under SREP 29. • With the deletion of some secondary roads, additional pedestrian only links are provided through development sites; • Buildings of various heights up to a maximum of 25 storeys within Precinct B and C generally along the ridgeline fronting Walker Street with setbacks to create variation in tower building locations.

The figures below highlight the additional open space to be provided through the planning proposal. The RWMP was exhibited initially for a 28 day period, from 2 to 29 September 2009. The consultation period was further extended until 5 October 2009. Council’s report dated 8 December 2009 (Attachment C) outlines the process of community consultation and provided responses to key issues identified in public and government agency submissions.

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Figure 1. Existing/approved scenario for Precinct B and C Figure 2. RWMP scenario for Precinct B and C Public open space areas located on the foreshore Additional consolidated areas of public open space areas located along Shoreline Avenue and central to the residential developments (as per exhibition)

Supplementary Planning Report The supplementary planning report (Attachment B) was commissioned by the City of Canada Bay Council to provide further detailed response to the issues raised by the Department of Planning in their submission on the Rhodes West Master Plan 2009.

Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? It is considered that the Planning Proposal is the best means of achieving the objectives for the precinct. The current SREP limits opportunity for further redevelopment that would contribute to local and state strategic planning objectives and provide public benefits to the local community. Department of Planning Circular No. PS06-005 - Local Environmental Plan Review Panel The Department of Planning's current position on LEP amendments, such as the type described in this Planning Proposal, requires that the range of matters in the Department of Planning Circular No. PS06-005 - Local Environmental Plan Review Panel area be addressed. The Circular requires Council to address "LEP Pro-forma Evaluation Criteria - Category 1: Spot Rezoning LEP" when notifying the Director-General of its decision to prepare an LEP. This is addressed in Table 2 below.

Table 2 - LEP Pro-forma Evaluation Criteria - Category 1: Spot Rezoning LEP.

Department of Planning Criteria Council Response

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Will the LEP be compatible with Yes. The remaining sites at Rhodes peninsula offer large consolidated agreed State and regional strategic landholdings all within 800m of Rhodes Railway Station. High frequency bus direction for development in the services are also available to Rhodes which link the Rhodes community to area (e.g. land release, strategic other Specialised Centres and Town Centres of Burwood, Epping and corridors, development within 800 Macquarie Park. metres of a transit node)?

Will the LEP implement studies and Yes. The Planning Proposal will implement the work of Rhodes West Master strategic work consistent with State Plan prepared by Architectus as endorsed by Canada Bay Council. and regional policies and Ministerial (section 117) directions? The Planning Proposal is consistent with State and regional policies and Ministerial (section 117) directions (see Table 6).

Is the LEP located in a Yes. The Rhodes Specialised Centre is located within the Inner West global/regional city, strategic centre Subregion and has long been identified as a suitable place for high density or corridor nominated within the residential and mixed use development supporting a suburban business park. Metropolitan Strategy or other regional/subregional strategy? It is considered that the strategic importance of Rhodes to the metropolitan area in terms of commercial and retail employment uses as a highly accessible urban centre makes Rhodes a desirable place to live and therefore the additional dwellings sought in the Rhodes West Master Plan will enhance Rhodes as a Specialised Centre and support the planning strategies under the Inner West Subregional Strategy. The LEP supports the Metropolitan Strategy which aims to focus development within existing urban areas on centres and corridors.

Will the LEP facilitate permanent The planning proposal will lead to an increase in permanent employment on employment generating activity or the Mirvac site in Precinct A and in the enlarged Community Centre. result in a loss of employment lands? There will be no loss in employment lands as defined in the draft Inner West Subregional Strategy (Category 1 and 2).

Will the LEP be Rhodes has been identified as an urban renewal area and has been under compatible/complementary with redevelopment for the last 8 years. The planning proposal is not inconsistent surrounding land uses? with the existing planning framework.

Is the LEP likely to create a All the major landowners are included in this planning proposal. Rhodes is a precedent; or create or change the unique urban renewal site. expectations of the landowner or other landholders?

Will the LEP deal with a deferred The LEP is not related to a deferred matter. matter in an existing LEP?

Have the cumulative effects of other No other spot rezonings are currently proposed in the immediate vicinity. spot rezoning proposals in the locality been considered? Therefore, there will be no adverse cumulative impacts as a result of the LEP amendment. What was the outcome of these considerations?

Is there a net community benefit? It is intended that the Planning Proposal will deliver a net community benefit. The community benefits include an enhanced transport orientated development. The following will be provided through the increase in development: • Enlarged multi-functional community centre • Increased public open space including embellishments (seating, BBQ areas, lighting) • Accessible pathway/cycleway connections to the John Whitton Bridge • Improved access to and from the area via improvements to intersections and roadways and footpaths

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• New facilities for bike storage, bike share, and associated amenities in various key locations • New toilet block in Point Park Pikes Lawyers prepared a report on the public benefits to be provided (attachment D).

Section B - Relationship to strategic planning framework

Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy? The Planning Proposal is consistent with the aims, objectives and provision of the Metropolitan Strategy (as supported by the draft Inner West Subregional Strategy ). Table 3 below shows its consistency with the key directions of the draft Inner West Subregional Strategy . Table 3 - Consistency with draft Inner West Subregional Strategy Key Directions:

Key Direction Statement of Consistency

Support and differentiate the role of Sydney Olympic Park and Rhodes have been identified as a Specialised strategic centres Centre in the Metropolitan and Inner West Subregional Strategies. They are regarded as one Specialised Centre due to their geographical proximity and the potentially complementary role which the two precincts play. The LEP seeks to reinforce the strategic role of Rhodes as a Specialised Centre.

Protect employment lands and the The LEP relates to land identified for residential land use. The proposal will working harbour not result in the displacement of industrial employment lands not already contemplated by the existing planning framework.

Promote Parramatta Road as an The LEP does not relate to the Parramatta Road corridor. Enterprise Corridor

Improve housing choice and create The planning proposal will deliver housing close to good public transport and liveable and sustainable amenities. communities Council has identified a need for greater consideration of the principles of ecologically sustainable development in Rhodes including social, environmental and economic sustainability.

Manage traffic growth and local Halcrow MWT has undertaken an assessment of the increase in residential travel demand dwellings provided for in the RWMP. The traffic report concludes that the additional density can be accommodated within the existing traffic flows in Concord Road. Council is reviewing the Transport Management Plan and undertaking new strategies to encourage use of bicycles, to reduce car dependency by encouraging car share schemes as part of the new developments, time restrictions on street parking, and further reducing parking requirements. Developers are also required to provide Transport Management Strategies as part of their marketing strategies.

Protect and promote recreational Under the existing planning framework at Rhodes there are five (5) local pursuits and environmental assets parks which equates to 2,501 people per local park. In the RWMP for Precinct B and C there are two additional local parks. With the additional population resulting from the RWMP the number of people for each local park at Rhodes is 1,914 people for each local park. Additional opportunities for civic plazas will be available in the planning of Precinct D in appropriate locations fronting Walker Street adjacent to the railway station, and potentially in Precinct A. The proposed multi-functional community centre will also provide a range of activities, including arts and cultural pursuits, indoor sports and meeting

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spaces.

Is the planning proposal consistent with the local council's Community Strategic Plan, or other local strategic plan? FuturesPlan20 FuturesPlan20 (FP20) outlines the City's vision for the next 20 years. The City of Canada Bay has set targets, objectives and actions to achieve the themes outlined in FP20. In summary the Planning Proposal is consistent with the following FP20 outcomes: • 3.2.1 Provide and maintain accessible indoor and outdoor sport and leisure facilities and outdoor recreation spaces; • 4.2.1 Integrate best practice sustainable design; • 4.3.1 Encourage diverse housing stock which responds to changing housing needs; • 4.3.2 Support the location of new higher density development close to services and amenities. • 5.1.1 Support sustainable transport options within the City; • 5.3.4 Investigate and support new solutions and alternatives to parking needs as the City's population rises; • 7.4.2 Identify and support the development of community spaces for arts and culture.

Canada Bay Local Planning Strategy The City of Canada Bay prepared a Local Planning Strategy in 2009. The purpose of the Local Planning Strategy (LPS) was to provide a framework for future land use planning of the City of Canada Bay to guide the preparation of the new Local Environmental Plan (LEP) and Development Control Plan (DCP). In relation to Rhodes Peninsula, the LPS identified that future development will focus on providing a lively mixed-use retail, residential and commercial district, playing a complementary role to Sydney Olympic Park and the creation of a well serviced community that supports the Metropolitan Planning objectives of the Department of Planning.

Council’s LPS identified a need to build on the planning framework devised and implemented by the Department of Planning via SREP 29, but also a need to address a number of shortcomings which have emerged in the development of the area, via a review of the existing planning controls, and taking into account current market trends and housing scenarios.

To achieve the objective of the Local Planning Strategy, a series of actions are recommended in the LPS. The relevant objectives and actions are discussed as follows below:

Objective S8 • Facilitate planning in Rhodes in recognition of its role as a Specialised Centre.

Action S19: Integrate SREP 29 into Canada Bay LEP • The existing controls contained within the SREP will be integrated into the LEP using compatible controls contained within the standard instrument for LEPs, including zoning, building height and floor space ratios subject to Department of Planning concurrence.

Action S20: Improve accessibility to the Peninsula

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• Improve the accessibility of the Peninsula to other adjoining localities in the City of Canada Bay, especially pedestrian and cycle ways connecting to foreshore reserves and other local and regional open space.

Action S22 Provide a community facility and increased public open space in Rhodes • Provide for a landmark design, multi-purpose community facility in the centre of the Rhodes Peninsula urban renewal precinct as well as an increase in public open space.

This Planning Proposal identifies the necessary amendments to the SREP 29: Rhodes Peninsula which could be incorporated into Council’s Comprehensive LEP. Initiatives to improve access to the Peninsula are investigated and the mechanisms for achieving enhanced community facilities and additional public open spaces are also explored.

Is the planning proposal consistent with the applicable state environmental planning policies? Table 4 - State Environmental Planning Policies (SEPPs):

Note: SEPPs which have been repealed, or which were never finalised are not included in this Table

No. SEPP Title Consistency of Planning Proposal

1 Development Standards Consistent The Planning Proposal does not contain provisions that contradict or would hinder application of this SEPP.

4 Development Without Not applicable. Consent and Miscellaneous Exempt and Complying Development

6 Number of Storeys in a Consistent. Building The Planning Proposal does not propose controls for numbers of storeys.

14 Coastal Wetlands Not applicable.

15 Rural Landsharing Not applicable. Communities

19 Bushland in Urban Areas Not applicable.

21 Caravan Parks Not applicable.

22 Shops and Commercial Consistent. Premises The Planning Proposal does not contain provisions that contradict or would hinder application of this SEPP.

26 Littoral Rainforests Not applicable.

29 Western Sydney Recreational Not applicable. Area

30 Intensive Agriculture Not applicable.

32 Urban Consolidation Consistent. (Redevelopment of Urban Land) The Planning Proposal does not contain provisions that contradict or would hinder application of this SEPP.

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33 Hazardous and Offensive Not applicable. Development

36 Manufactured Home Estates Not applicable.

39 Spit Island Bird Habitat Not applicable.

41 Casino Entertainment Not applicable. Complex

44 Koala Habitat Protection Not applicable.

47 Moore Park Showground Not applicable.

50 Canal Estate Development Not applicable.

52 Farm Dams, Drought relief Not applicable. and Other Works

53 Metropolitan Residential Not applicable. Development

55 Remediation of Land Consistent. The Planning Proposal does not contain provisions that contradict or would hinder application of this SEPP.

59 Central Western Sydney Not applicable. Economic and Employment Area

60 Exempt and Complying Not applicable. Development

62 Sustainable Aquaculture Not applicable.

64 Advertising and Signage Not applicable.

65 Design Quality of Residential Not applicable. Flat Development

70 Affordable Housing (revised Not applicable. Schemes)

71 Coastal Protection Not applicable.

SEPP (Building Consistent. Sustainability index: BASIX) 2004 The draft LEP does not contain provisions that contradict or would hinder application of this SEPP.

SEPP (Housing for Seniors or Consistent. People with a Disability) 2004 The draft LEP does not contain provisions that contradict or would hinder application of this SEPP.

SEPP (Major Development) Not applicable. 2005

SEPP (Sydney Region Not applicable. Growth Centres) 2006

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SEPP (Infrastructure) 2007 Consistent. The draft LEP does not contain provisions that contradict or would hinder application of this SEPP.

SEPP (Kosciuszko National Not applicable. Park-Alpine Resorts) 2007

SEPP (Mining, Petroleum Not applicable. Production and Extractive Industries) 2007

SEPP (Temporary Structures Consistent. and Places of Public Entertainment) 2007 The draft LEP does not contain provisions that contradict or would hinder application of this SEPP.

SEPP (Exempt and Consistent. Complying Development Codes) 2008 The draft LEP does not contain provisions that contradict or would hinder application of this SEPP.

SEPP (Rural Lands) 2008 Not applicable.

SEPP (Western Sydney Not applicable. Parklands) 2009

SEPP (Affordable Rental Not applicable. Housing) 2009

State Environmental Planning Not applicable. Policy (Western Sydney Employment Area) 2009

Table 5 - Regional Environmental Plans (REPs) - Deemed SEPPs:

Note: Former REPs which have been repealed are not included in this Table

No. REP Title Consistency of LEP

5 Chatswood Town Centre Not applicable.

6 Gosford Coastal Areas Not applicable.

7 Multi-Unit Housing: Surplus Not applicable. Government Sites

8 Central Coast Plateau Areas Not applicable.

9 Extractive Industry (No 2 - 1995) Not applicable.

10 Blue Mountains Regional Open Not applicable. Space

11 Penrith Lakes Scheme Not applicable.

13 Mulgoa Valley Not applicable.

14 Eastern Beaches Not applicable.

16 Walsh Bay Not applicable.

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17 Kurnell Peninsula (1989) Not applicable.

18 Public Transport Corridors Not applicable.

19 Rose Hill Development Area Not applicable.

20 Hawkesbury-Nepean River (No. 2- Not applicable. 1997)

21 Warringah Urban Release Area Not applicable.

24 Homebush Bay Area Not applicable.

25 Orchard Hills Not applicable.

26 City West Not applicable.

27 Wollondilly Regional Open Space Not applicable.

28 Parramatta Not applicable.

29 Rhodes Peninsula Consistent. The Canada Bay LEP 2008 will accommodate the relevant provisions of SREP 29.

30 St Marys Not applicable.

31 Regional Parklands Not applicable.

33 Cooks Cove Not applicable

Sydney Regional Environmental Plan Consistent (Sydney Harbour Catchment)

Is the planning proposal consistent with applicable Ministerial Directions (s 117 directions)? Table 6 - Review of consistency of draft Canada Bay LEP 2008 (Amendment No. 1) with the Ministerial Directions for LEPs under s.117 of the Environmental Planning & Assessment Act 1979: 1. Employment and Resources

No. Title Comment

1.1 Business and Industrial Zones Consistent.

1.2 Rural zones Not applicable.

1.3 Mining, Petroleum Production and Not applicable. Extractive Industries

1.4 Oyster Aquaculture Not applicable.

1.5 Rural Lands Not applicable.

2. Environment and Heritage City of Canada Bay 21

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No. Title Comment

2.1 Environmental Protection Zones Not applicable

2.2 Coastal Protection Not applicable.

2.3 Heritage Conservation Not applicable.

2.4 Recreation Vehicle Areas Not applicable.

3. Housing, Infrastructure and Urban Development

No. Title Comment

3.1 Residential Zones Consistent.

3.2 Caravan parks and Manufactured Not applicable. Home Estates

3.3 Home Occupations Consistent.

3.4 Integrating Land Use and Transport Consistent. The Planning Proposal site is optimally located in terms of access to existing public transport, with major rail services within close walking distance.

3.5 Development Near Licensed Not applicable. Aerodromes

4. Hazard and Risk

No. Title Comment

4.1 Acid Sulfate Soils Consistent.

4.2 Mine Subsidence and Unstable Land Not applicable.

4.3 Flood Prone Land Not applicable.

4.4 Planning for Bushfire Protection Not applicable.

5. Regional Planning

No. Title Comment

5.1 Implementation of Regional Consistent. Strategies

5.2 Sydney Drinking Water Catchments Not applicable.

5.3 Farmland of State and Regional Not applicable. Significance - NSW Far North Coast

5.4 Commercial and Retail Development Not applicable. along the Pacific Highway

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5.5 Development in the vicinity of Not applicable. Ellalong, Paxton and Millfield (Cessnock LGA)

5.8 Second Sydney Airport - Badgerys Not applicable. Creek

6. Local Plan Making

No. Title Comment

6.1 Approval and Referral Requirements Consistent.

6.2 Reserving Land for Public Purposes Not applicable.

6.3 Site Specific Provisions Consistent.

7. Metropolitan Planning

No. Title Comment

7.1 Implementation of the Metropolitan Consistent. Strategy

Section C: Environmental, social and economic impact.

Is there any likelihood that critical habitat or threatened species, population or ecological communities, or their habitats, will be adversely affected as a result of the proposal? The proposal does not apply to land that has been identified as containing critical habitat or threatened species, populations or ecological communities, or their habitats.

Are there any other likely environmental effects as a result of the Planning Proposal and how are they proposed to be managed? The urban design review process will consider the following potential impacts during the preparation of controls for the precinct; • Solar access and overshadowing impacts; • Wind impacts; • Reflectivity; and • Views and view corridors. Some work has been completed on this already; extensive shadow diagrams have been prepared and placed on public exhibition.

How has the planning proposal adequately addressed any social and economic effects? Economic effects

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Rhodes has been identified as a Specialist Centre along with Sydney Olympic Park under the NSW draft Inner West Subregional Strategy. The latter identifies that Rhodes will make a significant contribution to economic growth in Sydney to 20131. The planning proposal will contribute to the economic growth of Rhodes through the increase in jobs and housing.

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Social effects The planning proposal will deliver housing close to public transport and amenities. It will also deliver increased public open space, an enlarged multi-purpose community facility, sustainable well designed buildings and well connected active local streets.

Section D: State and Commonwealth interests

Is there adequate public infrastructure for the planning proposal? This Planning Proposal involves substantial urban renewal, making the assessment of public infrastructure a relevant matter. At this stage the following infrastructure will be impacted: Table 6 Availability of public infrastructure

Infrastructure Availability Comment

Public Transport Available Rail - The northern most point of Rhodes is approximately 800m walking distance along Walker Street to Rhodes Railway Station. The RailCorp submission to the RWMP is supportive of the additional residential densities proposed and suggests that the additional density can be accommodated under the new timetable for the Northern Railway Line. The Metropolitan Transport Plan released in February 2010 announced increased train capacity for Rhodes. Buses - Sydney Buses operates two services along Homebush bay Drive adjacent to Rhodes Peninsula - the 458 and 459 services. The additional population at Rhodes may provide additional demand for bus travel within the western and inner western sub-regions. The need for new services could be investigated as demand arises, which is normal practice for route planning and network expansion in Sydney. Ferry - A ferry wharf is located at Meadowbank, approximately 1km from Rhodes Railway Station. The current Contributions Framework proposes new ramps and stairs from Blaxland Road to the John Whitton Bridge pedestrian/cycleway which will enhance access for Rhodes residents to the ferry wharf at Meadowbank.

Utilities Available. All utility providers were notified of the Master Plan and have advised that the additional population can be catered for in terms of services ie Water, Sewer, Electricity

Roads Available. The RTA considered the development and does not object to it going ahead providing no more than 393 additional car spaces are being added to the area. This means that existing dwellings which were approved but not built and additional dwellings need to have their car parking limited. The reduced parking forms a part of the Master Plan proposal.

Waste Management Available. Waste management and recycling will be available through and Recycling the City of Canada Bay Council. services

Essential Services Available. The precinct is approximately 1km from Concord Hospital. The area is generally well served by Police, Ambulance, Fire and other emergency services.

Schools. The Department of Education and Training advised that there is a problem with the capacity of Concord West Public School and other schools in the area. However, current capacity planning was undertaken by the Department in 2004, prior to City of Canada Bay 25

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Metro Plan. The Department needs to update its capacity planning to accommodate the additional children who will need places as part of CCBC's current housing growth scenario (10,000 new dwellings by 2030). The Rhodes West Master Plan provides an opportunity for the Department to consider a new site in Rhodes East to potentially resolve the capacity problem for all children in the catchment, both under Metro Plan and the Master Plan. Ideally, a school could be located within walking distance of the Rhodes area without the need for the children to cross busy Concord Road.

What are the views of State and Commonwealth public authorities consulted in the gateway determination? Consultation with the following State public authorities has already occurred and submissions where received, noted. a. Sydney Water - Consultation was undertaken, and a submission received b. RTA - Consultation was undertaken, and a submission received c. Office of the Valuer General - Consultation was undertaken d. NSW Department of Education and Training - Consultation was undertaken and a submission received e. NSW Department of Housing - Consultation was undertaken f. NSW Ambulance Service - Consultation was undertaken g. NSW Department of Lands - Consultation was undertaken h. NSW Fire Brigades - Consultation was undertaken i. Rail Corporation NSW - Consultation was undertaken j. NSW Police Service - Consultation was undertaken k. NSW Maritime - Consultation was undertaken and a submission received l. Department of Defence - Consultation was undertaken m. NSW Transport and Infrastructure - Consultation was undertaken and a submission received from the Ministry of Transport n. State Transit Authority of NSW - Consultation was undertaken o. Department of Environment and Climate Change - Consultation was undertaken p. NSW Department of Planning - Consultation was undertaken and submission received q. NSW Heritage Council - Consultation was undertaken and submission received.

The following further consultations will be undertaken following the Gateway determination:

a. Auburn City Council b. Ashfield Council c. Burwood Council d. The City of Ryde e. Strathfield Municipal Council f. Sydney Olympic Park Authority g. State and Federal Members

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Part 4 - Community Consultation

Details of the Community Consultation that is to be undertaken on the Planning Proposal Public consultation will take place in accordance with the Gateway Determination made by the Minister for planning in accordance with Section 56 & 57 of the Environmental Planning and Assessment Act 1979. This will involve notification of the public exhibition of the Planning Proposal for a period of 28 days: a. on the City of Canada Bay website; b. in newspapers that circulate widely in the City of Canada Bay local government area; c. in writing to the owners; the adjoining landowners; relevant community groups; and the surrounding community in the immediate vicinity of the Rhodes Peninsula.

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